HomeMy WebLinkAbout5089 170 South Shore Dr Decision TC 05.30.24ARHOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 30, 2024
5089
April 11, 2024
Town of Yarmouth
170 South Shore Drive, South Yarmouth, MA
Map 25, Parcel 264
Zoning District: R-25
Title: Book 4096, Page 162
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Dick Neitz, and Barbara Murphy
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Cape Cod Times, the hearing opened and held on the date stated above.
The petitioner is the Town of Yarmouth seeking a Special Permit for P- 10 use (municipal use) in a
R-25 zoning district for Town -owned property located at 170 South Shore Drive, South Yarmouth,
Massachusetts.
As part of Phase 1 of the Town's Wastewater Management Plan, there are 5 wastewater pumping
stations, including this pumping station proposed for the lower portion of South Shore Drive.
When the petitioner presented at the February 22, 2024 hearing, the Board understood the need for
the sewer project and had no opposition to the overall plan. However, the Board expressed concerns
about 1) the lack of a Certified Plot Plan for the wastewater pumping station, 2) the height and
coverage of the proposed plantings, and 3) the potential need for odor control.
At the initial hearing, one abutter spoke in opposition to the petition with concerns about odor and
water flow/backup.
The petitioner was asked to provide more details, including a Certified Plot Plan with all boundary
lines, setbacks, and building elevations. The hearing was continued to April 11, 2024.
At the continued hearing, Mr. Mike Giudice, Engineer, CDM Smith, again represented the petitioner.
Jeff Colby, Director of Public Works, was again present at this hearing on behalf of the Town.
Vice Chair Igoe noted the Certified Plot Plan, dated March 28, 2024, shows Pumping Station #5 will
be located 73.4' from South Shore Drive; 127.3' from Pine Grove Road; 262.6' from 18 Oak Grove
Road; and 55.9' from 192 South Shore Drive.
Mr. Giudice reviewed a color -coded plan with 36 plantings, including Eastern Red Cedar, Red
Sunset Maple, Serviceberry, Beach Plum, and Little Bluestein.
From the Pumping Station #5 Control Building Plan, Mr. Giudice referenced Sheet M-3 with two
rooms to contain an emergency generator and electrical equipment, respectively, explaining that
pumping stations that serve domestic properties typically do not have odors.
If the Town chooses to install an active odor control system at a later date, there is space allotted in
the proposed pumping station. However, at this time, the petitioner is proposing a "passive odor
control system" with vent stacks on the wet well similar to septic system vents. As each property
connects to the sewer along the way, that sewer connection is connected to and dissipated through
each property's vent stack.
The Board was satisfied with the additional details provided at this hearing, and a motion was made
by Mr. Fraprie, which was seconded by Mr. Neitz, to grant the Special Permit as requested. On a
voice vote (5-0), the Special Permit was approved.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from
this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after
filing of this notice: -decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5,
MGL c40A §9)
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Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
I, Mary A_ Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals Decision #5089 that no notice of appeal of
said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied.
All appeals have been exhausted.
Mary A. Maslowski, CMC